Reference decision: cc • No. 79-15.786 • 23 March 1981 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The court which upholds a property developer's objection to the notice of assessment for the land registration tax from which he had been exempted subject to constructing a non-residential building within four years, and which states that the project could not proceed as a result of the refusal of planning permission for the planned large retail store, a direct consequence of the enactment of the Law of 27 December 1973 on the orientation of commerce and craft trades, which amended and restricted the conditions for obtaining that permission, does not give a legal basis to its decision without examining whether the person concerned could, by applying for a planning certificate, even though its production was not mandatory, have known the difficulties he would encounter and whether the refusal of planning permission was foreseeable from the outset of the operation.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly observe the statutory time limits for appeals
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Plan ahead: preventive advice always costs less than litigation
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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